Judge orders USCIS to restore 21 days’ notice for child asylum interviews
A federal judge in Maryland has ordered US immigration officials to give children who arrived in the United States alone at least three weeks’ notice before their asylum interviews. Judge Brendan A. Hurson issued a temporary restraining order on Friday, 30 October, blocking US Citizenship and Immigration Services (USCIS) from giving what he called “minimal notice” to unaccompanied children.
The children at the centre of the case had been given as little as less than 24 hours’ notice in some cases, according to the groups that brought the lawsuit — down from the long-standing rule of at least 21 days. The order also restores the children’s chance to reschedule an interview when they need to, instead of facing the stricter limits USCIS had put in place.
The lawsuit, filed on 15 October by six legal aid groups including The Door and the Amica Center for Immigrant Rights, argues that rushing the interviews breaks child-protection laws passed by Congress. In his order, Judge Hurson wrote: “An unaccompanied child only has one chance to have a non-adversarial asylum adjudication.” The order does not decide any child’s asylum claim; it only sets the rules for how interviews are scheduled while the case continues.
Why it matters
An asylum interview is often a child’s only chance to explain, without a courtroom-style hearing, why they need safety in the United States. With only a day’s notice, a child may not have time to meet a lawyer, gather evidence or prepare. Restoring three weeks gives children and their lawyers time to build a proper case.
What happens next
The order lasts for 14 days, until 13 November, and the government must report to the court within 48 hours on how it is putting the rules back in place. The judge will then decide whether to extend the protection while the full case is heard.
This article is for general information and education only. It is not legal or financial advice.
Sources
- https://news.bloomberglaw.com/litigation/trump-must-temporarily-halt-fast-track-asylum-system-for-kids (Bloomberg Law, 30 October 2026)
- https://www.nilc.org/press/advocates-unaccompanied-children-applaud-judges-decision-block-the-government-rushing-asylum-proceedings/ (National Immigration Law Center, 30 October 2026)
